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Colombia respected the legal framework of the Andean Community by granting the compulsory license for the medication used in the treatment of HIV/AIDS
By Vera Abogados
The General Secretariat of the Andean Community determined that the Superintendency of Industry and Commerce has not failed to comply with its obligations under the application of the legal framework of the Andean Community, specifically, it has not violated Article 65 of Decision 486.
The ruling is issued at the pre-judicial stage of the claim process for non-compliance against the Republic of Colombia, requested by the companies ViiV Healthcare Company and Shionogi, holders of the invention patent No. 1887, which covers the active ingredient dolutegravir.
On April 2024 the government of Colombia issued its first-ever compulsory license (CL) for use by Colombia’s Ministry of Health, to improve access to less-expensive generic versions of the key HIV medicine dolutegravir, without permission from the patent owner ViiV Healthcare (a joint venture of GlaxoSmithKline, Pfizer and Shionogi).
Dolutegravir is recommended as part of the preferred first-line treatment regimen for people living with HIV, including during pregnancy, as per the guidance of the World Health Organization (WHO). MSF uses a dolutegravir-based first-line HIV treatment regimen across its HIV/AIDS programmes, and has seen patients benefit from the fewer side effects the drug causes and a lower risk of developing resistance.
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